Merck Sharp & Dohme LLC. v. Azurity Pharmaceuticals, Inc.
| Merck Sharp & Dohme LLC. |
| Azurity Pharmaceuticals, Inc. |
| 1:2024cv00545 |
| May 3, 2024 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on June 28, 2024. A more recent docket listing may be available from PACER.
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SO ORDERED, re #20 STIPULATION and Proposed Order to Extend Time (*Reset Answer Deadlines: Merck Sharp & Dohme LLC. answer due 7/12/2024). Signed by Judge Richard G. Andrews on 6/28/2024. (nms)
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| Filing 20 STIPULATION and Proposed Order to Extend Time - filed by Merck Sharp & Dohme LLC.. (Joyce, Alexandra) Modified on 6/28/2024 (nms). |
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Filing 19
ORAL ORDER: At the request of the parties the Rule 16(b) Conference scheduled for 7/9/2024, is CANCELED. A joint proposed scheduling order shall now be due by July 26, 2024. Ordered by Judge Richard G. Andrews on 6/27/2024. (nms)
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| Filing 18 REDACTED VERSION of #15 Unopposed Motion for Leave to Redact Answer to the Complaint and Exhibits by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pedi, Nicole) |
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SO ORDERED, re #17 STIPULATION and Proposed Order to Extend Time (*Reset Answer Deadlines: Merck Sharp & Dohme LLC. answer due 6/28/2024). Signed by Judge Richard G. Andrews on 6/17/2024. (nms)
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| Filing 17 STIPULATION and Proposed Order to Extend Time - filed by Merck Sharp & Dohme LLC.. (Joyce, Alexandra) Modified on 6/17/2024 (nms). |
| Filing 16 DECLARATION of Lena Cavallo re #15 Unopposed Motion for Leave to Redact Answer to the Complaint and Exhibits, by Azurity Pharmaceuticals, Inc.. (Pedi, Nicole) Modified on 6/10/2024 (nms). |
| Filing 15 [SEALED] Unopposed Motion for Leave to Redact Answer to the Complaint and Exhibits - filed by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Pedi, Nicole) Modified on 6/10/2024 (nms). |
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Filing 14
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 7/9/2024, at 2:00 PM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 6/4/2024. (nms)
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| Pro Hac Vice Attorney Mark A. Hayden for Azurity Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (vfm) |
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Filing 13
ORAL ORDER: The redacted filing (D.I. #8 ) is REJECTED because parts of it are redacted in its entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document, or parts of it, that contains publicly available materials is prima facie evidence of bad faith. A revised redacted filing is DUE within five business days. Ordered by Judge Richard G. Andrews on 6/3/2024. (nms)
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| Pro Hac Vice Attorney Wendy L. Devine for Azurity Pharmaceuticals, Inc., added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam) |
| Pro Hac Vice Attorney Jody Karol for Azurity Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam) |
| Pro Hac Vice Attorney Tung-On Kong for Azurity Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam) |
| Filing 12 REDACTED VERSION of #8 Answer to Complaint, Counterclaim by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1-2)(Moore, David) |
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Tung-On Kong, Jody Karol, and Mark A. Hayden of Wilson Sonsini Goodrich & Rosati, P.C., filed by Azurity Pharmaceuticals, Inc.. Signed by Judge Richard G. Andrews on 5/29/2024. (nms)
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| Filing 11 Pro Hac Vice Fee - Credit Card Payment received for Wendy L. Devine, Tung-On Kong, Jody Karol, and Mark A. Hayden. ( re #10 MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Tung-On Kong, Jody Karol, and Mark A. Hayden of Wilson Sonsini Goodrich & Rosati, P.C. )( Payment of $ 200, receipt number ADEDC-4416888).(Palapura, Bindu) |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Tung-On Kong, Jody Karol, and Mark A. Hayden of Wilson Sonsini Goodrich & Rosati, P.C. - filed by Azurity Pharmaceuticals, Inc.. (Palapura, Bindu) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent CutisPharma Intermediate Holdings, Inc. for Azurity Pharmaceuticals, Inc. filed by Azurity Pharmaceuticals, Inc.. (Moore, David) |
| Filing 8 [SEALED] ANSWER to #1 Complaint, Defenses and COUNTERCLAIMS against Merck Sharp & Dohme LLC, by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Exhibits 1-2)(Moore, David) Modified on 5/24/2024 (nms). |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms) |
| Filing 7 Return of Service Executed by Merck Sharp & Dohme LLC.. Azurity Pharmaceuticals, Inc. served on 5/3/2024, answer due 5/24/2024. (Joyce, Alexandra) |
| Filing 6 Summons Issued as to Azurity Pharmaceuticals, Inc. on 5/3/2024. (jfm) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme LLC. filed by Merck Sharp & Dohme LLC. (jfm) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,236,708. (jfm) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: No Earlier than March 19, 2024. Date of Expiration of Patent: 11/24/2026 (May 24, 2027 pediatric exclusivity expiration).Thirty Month Stay Deadline: 9/19/2026. (jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 COMPLAINT filed against Azurity Pharmaceuticals, Inc. ( Filing fee $ 405, receipt number ADEDC-4399190) - filed by Merck Sharp & Dohme LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(jfm) Modified on 5/8/2024 (nms). |
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